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Teacher Contract Issues

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MHOP

Junior Member
What is the name of your state (only U.S. law)? Virginia


Can a public school teacher in Virginia on an non-immigrant work visa be issued a continuing teacher contract after the probationary period has been completed?
The employer is half way into sponsoring the teacher's green card process. It may take years before the teacher will get his permanent residency.

Thank you!
 


ImmigAttyLana

Senior Member
But if she is on a valid nonimmigrant visa, then she is authorized to work for the employer for the validity period of her approval notice. It has nothing to do with the green card process, which is a separate and independent process.
 

MHOP

Junior Member
Hello Attorney Lana,

The candidate in question is beyond the six years of the work visa by virtue of the green card process initiated by the employer.

The argument from the employer was that, by law, they can stop the green card process for any or no reason. That would remove the basis for any subsequent extensions of the work visa once it expires. Hence, they cannot issue a continuing contract as the continuing contract has a detailed process for termination.

So, they have to change the contract to annually renewable. That way, if they ever decide to stop the green card process for whatever reason, they do not have to renew the contract.

I will be very grateful for any comments from your end.

Thank you!
 

ImmigAttyLana

Senior Member
I'm not sure what you are asking exactly and from whose point of view. Depending on where in the green card process the candidate is, the employer may or may not be able to terminate it on their own.
 

MHOP

Junior Member
Hello Attorney Lana,

Makes sense! At what stage of the employment based green card process, can the employer not terminate the process on their own? The teacher in question is currently awaiting a reply to Immigrant Petition(I-140) filed by the employer. The permanent labor certification was approved last year.

Thank you!
 

MHOP

Junior Member
Hello Attorney Lana,

Thanks for the reply!

The priority date is September 2009 and the teacher is a citizen of India. The
I-140 category is EB-2. So, it will probably be years before I-485 can be filed.

The employer's reasoning is that since they have the power by immigration law to stop the green card process at any time for any or no reason(not sure at what stage),they cannot issue a continuing contract. Hence, the employer will issue a year-to-year contract until the teacher receives permanent residency. On a year-to-year contract, no reason needs to be give to not renew the contract at the end of the year.

The teacher has good performance reviews and has a teaching license for the next five years. This is identical to the fellow US Citizen colleagues, who were issued a continuing contract.

Is there anything in the law that restricts continuing teacher contracts to public school teachers who are US Citizens/Permanent Residents? Is this state dependent? The teacher lives in Virginia.

Thank you so much!
MHOP
 
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ImmigAttyLana

Senior Member
This is something that I really cannot comment on because I don't know the specifics of the state law or the particular contracts that is binding on the teachers in that district.
 

Perky

Senior Member
MHOP, I think you ought to consult a local attorney, preferably one who practices education and/or contract law. I've looked through the applicable Virginia code and the DoE site. I can't find anything that prohibits the district from issuing a continuing contract based on citizenship or immigration status. In fact, it seems that they are required to issue a continuing contract.

However, their argument about the green card may be valid in allowing them to bypass the requirement for the continuing contract. I don't think it prohibits them from issuing a continuing contract, but it may allow them refuse to issue it. You will have to contact a local attorney to be sure.

All this is assuming that you have completed any educational requirements needed to renew your Virginia teaching license after 5 years.

Good luck
 

MHOP

Junior Member
Hello Perky,

Thank you so much for the detailed reply!

I will certainly talk to a local employment/contract attorney. Yeah, a month or so ago, I renewed my license for the next five years.

Regards,
MHOP
 

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